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USER LICENSE AGREEMENT, CONDITIONS AND WARRANTY

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USER LICENSE AGREEMENT, CONDITIONS AND WARRANTY

LICENSE TERMS AND CONDITIONS

By taking in use the Tracker Hunter® product you agree to be bound by the below End-user License Agreement (“Agreement”). If you do not agree to the terms of the Agreement, do not charge, switch power on or try any other way using or taking in use the Tracker Hunter®.

“Agreement” shall mean this End-user License Agreement.

“Product” refers to the Tracker Hunter® product, mobile phone software, including the Tracker Live™ service, communication protocols between software, devices and servers, www.tracker.fi website and all related items including Documentation.

”Licensor” shall mean Tracker Oy.

”You” and “Your” refers to the person or entity that has purchased the product

“Documentation” refers to any installation instructions, user manuals and other documents related to the Product and provided You by the Licensor.

  1. Grant of license

Subject to You approving the terms of this Agreement the Licensor hereby grants You a non-transferable and non-exclusive right to use the Product and Documentation for Your own per­sonal use or, in case of entity, for personal use of the employees of the entity, pursuant to the terms of this Agreement and the Documentation.
Unless expressly otherwise agreed, all updates and new versions of the Product received by You from the Licensor in order to upgrade the Product shall be subject to separate license agree­ments and license fees unless expressly otherwise informed in written by the Licensor to You.

You may:

1) Use the Product by communicating with it using the Product via Licensor’s tracking software’s such as Tracker Hunter®;
2) Let other users use the Product by communicating Licensor’s tracking software or hardware such as Tracker Hunter®;
3) Use the Documentation to the extent necessary to exercise the rights granted in this agreement.

For avoidance of doubt, You may not:

1) Use the Product to offer service bureau or facilities or management services to third parties;

2) Make copies of the Product except backup for your own use;

3) Distribute, rent, lease, loan, or resell the Product or any copy of it;

4) Reverse, engineer, decompile, disassemble, analyse or otherwise examine or attempt to expose the code of the Product;

5) Modify, adapt, translate or create derivative works based on the Product or any part thereof;

6) Remove, obliterate, deface or in way alter the notice of Licensor’s or third parties’ proprietary rights related to the Product or Documentation;

7) Grant neither sublicenses to the Product nor assign any rights or obligations under this Agreement to a third party or otherwise dispose of or deal with those rights or obligations.

  1. Intellectual Property Rights

All rights, title, and interest including any and all intellectual property rights in and to the Product or Documentation are and shall at all times remain the sole and exclusive property of the Licensor, and its licensors as applicable. You shall have no other rights to the Product than the limited rights expressly granted to You in this Agreement. The license granted herein to You is of non-exclusive nature and do not in any manner restrict or limit Licensor’s, or its licensors as applicable, right to exploit the Product or any parts thereof as they deem fit.

Licensor is liable for all the claims for damages and for compensation (cause of action) claimed by a third party due to possible violations of Product concerning the copyright, patent, trademark and other IPR rights including the juridical expenses and compensation for damage and for all expenses granted to a third party by law regarding the claim in question.

When such violation occurs, Licensor has the right (a) to revise the Product in order to excise the violation or (b) to annul the licence given here.

The Licensor uses the maps provided by third parties. All copyrights related to the maps are managed by the map providers. The map providers are e.g.:

Maanmittauslaitos, Merenkulkulaitos, Karttakeskus, Lantmeteriet, Nordeca, Navionics, Navteq, C-Map, CNIG, IGN-France, BKG-Germany, USGS, OpenStreetMap.

  1. Entire Agreement and Assignment

You agree that this Agreement sets forth the entire agreement for the use of the Product and supersedes any prior proposals and representations, whether written or oral. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. The Product may not be re-sold, rented, leased, borrowed or otherwise handed over to a third party without prior written consent of the Licensor. You may not assign this Agreement to a third party without the prior written consent of the Licensor.

  1. Term of the Agreement

This Agreement shall be in force for an indefinite period of time. The Licensor shall have the right to terminate this Agreement and license granted herein if You materially breach or infringe the provisions of this Agreement and fail to remedy such breach within seven (7) days after receiving a written notice thereof from the Licensor. Further the Licensor may demand the compensation of damages as have been incurred by such default or breach. If and when this Agreement is terminated due to any reason or cause whatsoever, any rights and obligations of the parties hereto under this Agreement which have accrued prior to termination of this Agreement shall not be affected by the termination.

  1. Warranty and exemption of liability

Warranty applies only to products liable to charge.

During the warranty period Tracker or its authorised support company will within a reasonable period of time either repair the Product due to faulty design or quality or, if so desired, change the Product to a new one in accordance with these warranty terms. This limited warranty is only valid in the country where the Product was purchased, unless otherwise agreed.

The warranty period starts when the Product is sold for the first time to an End User. The warranty period is 90 day for the software.

Any resale, repair or replacement of the Product do not extend, renew or change the warranty period of the Product in any way. However, the parts repaired and the Product replaced during the warranty period remain under the warranty until the end of the original warranty period, yet always at least for sixty (60) days from the repair date or the delivery of the replacement Pro­duct.

When you wish to make a claim under the warranty, return the Product to Tracker or to a maintenance company. In order to claim under the warranty, you must inform Tracker or a maintenance company authorised by Tracker of the fault you have detected within a reasonable period of time after discovering the fault, and in any event, before the end of the warranty pe­riod.

When claiming under the warranty, you must be able to present :

1) the Product (or its faulty part),
2) an original certificate of purchase stating the name and address of dealer, time and place of purchase and the serial number of the Product.

This warranty will not cover the user’s manual of the Product, Tracker will not guarantee that any software of the Product

1) will fulfil all your demands,
2) will work or be compatible with any device or software of a third party,
3) will work uninterrupted or error-free.

This warranty will not cover

1) normal wear and tear
2) any defects caused by the handling of the Product
3) defects or damages caused by misuse of the Product or
4) defects or damages caused by other acts beyond the reasonable control of Tracker.

This warranty will not cover defects or alleged defects caused by the fact the Product was used with, or connected to, a product, accessories, software and/or service not manufactured or supplied by Tracker, or was used otherwise than for its intended use.

You cannot make a claim under this warranty, if the Product has been altered or it has been opened or repaired by someone else other than the authorised maintenance company, if it has been repaired using other than official spare parts, or if the serial number of the Product, the date of the accessory or the IMEI number have been removed, rubbed off, altered or is according to Tracker’s view otherwise unclear.

This warranty becomes void, if the Product has been exposed to extreme thermal or environmental conditions or to rapid changes in such conditions, or to chemical products.

A third party, independent from Tracker, provides the mobile phone, SIM card, GSM network and GPS network on which the Product operates. Therefore, Tracker will not accept responsibility under this warranty for their operation, availability, coverage, services or range.

When Tracker replaces any parts of the Product or other devices, the original parts or devices become the property of Tracker. If it turns out that the Product returned to Tracker or Tracker’s authorised maintenance company is not covered by this warranty, Tracker reserves the right, on behalf of itself and its authorised maintenance companies, to charge a handling fee for the returned Product. When repairing or replacing the Product, Tracker may use new, equivalent to new or repaired products or parts.

Tracker or a third party will not guarantee that any software of the Product will come up to all your expectations, will work completely uninterrupted or error-free or that possible errors can or will be corrected.

This limited warranty is your sole and exclusive remedy against Tracker and Tracker’s sole and exclusive liability in respect of defects in your Product. Tracker does not assume any liability for indirect damage and Tracker’s liability shall be limited to the purchase value of the Product.

  1. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of Finland. Any dispute or controversy or claim arising out of or relating to this Agreement involving the parties, which is not settled after the parties’ attempt at amicable negotiation shall be resolved by District Court of Helsinki.

 

All rights reserved © Tracker Oy